Can the 1989 Amendment Be Applied Retroactively to the Long-Arm Statute ?
In Ores v. Kennedy, 218 Ill. App. 3d 866, 578 N.E.2d 1139, 161 Ill. Dec. 493 (1991), the plaintiff sought retroactive application of a 1989 amendment to the long-arm statute.
The appellate court stated that the statutory change merely established a new mode of obtaining jurisdiction over the defendant in order to secure existing rights, which were unaffected by the amendment.
The court noted that the statute indicated a procedure by which legal rights may be enforced and should be distinguished from an amendment which creates a new right.
The court concluded that the amendment was procedural in nature and applied it retroactively to the plaintiff's claim. Ores, 218 Ill. App. 3d 866, 578 N.E.2d 1139, 161 Ill. Dec. 493.